BILL NUMBER: AB 880 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2011
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 17, 2011
An act to amend Section 21159.1 Sections
21159, 21159.1, and 21159.4 of the Public Resources Code,
relating to the environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 880, as amended, V. Manuel Pérez. Environmental quality: CEQA:
expedited environmental review.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA authorizes the
use of a focused environmental impact report for a project that
consists solely of the installation of pollution control equipment or
for a project that consists solely of the installation of that
equipment or other components in compliance with the California
Global Warming Solutions Act of 2006.
This bill would make technical, nonsubstantive changes to the
provision of the act that authorizes the use of a focused
environmental impact report.
Existing law requires specified state and local government
agencies to perform a specified environmental analysis at the time of
the adoption of a rule or regulation requiring the installation of
pollution control equipment, or a performance standard or treatment
requirement, including a rule or regulation that requires the
installation of pollution control equipment or a performance standard
or treatment requirement pursuant to the California Global Warming
Solutions Act of 2006.
This bill would instead require that those agencies perform that
environmental analysis at the time of the adoption of a rule or
regulation requiring the compliance with an energy efficiency
standard or compliance mechanism including that rule or regulation
adopted pursuant to the California Global Warming Solutions Act of
2006.
This bill would also revise the circumstances under which a
focused environmental impact report may be used for a project.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21159 of the Public
Resources Code is amended to read:
21159. (a) An agency listed in Section 21159.4 shall perform, at
the time of the adoption of a rule or regulation requiring the
installation of pollution control equipment, or compliance with
a performance standard or ,
treatment requirement, or energy efficiency standard,
including a rule or regulation that requires the installation of
pollution control equipment or compliance with a
performance standard or , treatment
requirement , energy efficiency standard ,
or compliance mechanism adopted pursuant to the California
Global Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code), an environmental
analysis of the reasonably foreseeable methods of compliance. In the
preparation of this analysis, the agency may utilize numerical ranges
or averages where specific data is not available; however, the
agency shall not be required to engage in speculation or conjecture.
The environmental analysis shall, at minimum, include all of the
following:
(1) An analysis of the reasonably foreseeable environmental
impacts of the methods of compliance.
(2) An analysis of reasonably foreseeable feasible mitigation
measures.
(3) An analysis of reasonably foreseeable alternative means of
compliance with the rule or regulation.
(4) For a rule or regulation that requires the
installation of pollution control equipment adopted
pursuant to the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code) that requires the installation of pollution control
equipment, improvements in energy efficiency, or compliance with
performance standards, the analysis shall also include
reasonably foreseeable greenhouse gas emission impacts of compliance
with the rule or regulation.
(b) The preparation of an environmental impact report at the time
of adopting a rule or regulation pursuant to this division shall be
deemed to satisfy the requirements of this section.
(c) The environmental analysis shall take into account a
reasonable range of environmental, economic, and technical factors,
population and geographic areas, and specific sites.
(d) This section does not require the agency to conduct a
project-level analysis.
(e) For purposes of this article, the term "performance standard"
includes process or raw material changes or product reformulation.
(f) This section is not intended, and may not be used, to delay
the adoption of any rule or regulation for which an analysis is
required to be performed pursuant to this section.
SECTION 1. SEC. 2. Section 21159.1
of the Public Resources Code is amended to read:
21159.1. (a) A focused environmental impact report may be
utilized if a project meets all of the following requirements:
(1) The project consists solely of the installation of
either any of the following:
(A) Pollution Installation of pollution
control equipment required by a rule or regulation of an agency
listed in subdivision (a) of Section 21159.4 and the other
components necessary to complete the installation of that equipment.
(B) Pollution Installation of pollution
control equipment and other components necessary to complete
the installation of that equipment that reduces greenhouse gases, as
required by a rule or regulation of an agency listed in Section
21159.4 pursuant to the California Global Warming Solutions Act of
2006 (Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).
(C) Installation of pollution control equipment or new or modified
equipment, or implementation of other facility process changes, or
both, necessary or used to achieve compliance with a performance
standard, treatment requirement, energy efficiency standard, or
compliance mechanism included in a rule or regulation adopted by an
agency listed in subdivision (a) of Section 21159.4 pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).
(2) The agency certifies an environmental impact report on the
rule or regulation or reviews it pursuant to a certified regulatory
program, and, in either case, the review includes an assessment of
growth inducing impacts and cumulative impacts of, and alternatives
to, the project.
(3) The environmental review required by paragraph (2) is
completed within five years of certification of the focused
environmental impact report.
(4) An environmental impact report is not required pursuant to
Section 21166.
(b) The discussion of significant effects on the environment in
the focused environmental impact report shall be limited to
project-specific potentially significant effects on the environment
of the project that were not discussed in the environmental analysis
of the rule or regulation required pursuant to subdivision (a) of
Section 21159. A discussion of growth-inducing impacts or cumulative
impacts shall not be required in the focused environmental impact
report, and the discussion of alternatives shall be limited to a
discussion of alternative means of compliance, if any, with the rule
or regulation.
SEC. 3. Section 21159.4 of the Public
Resources Code is amended to read:
21159.4. (a) This article shall apply to all of the following
agencies:
(1) The State Air Resources Board.
(2) A district as defined in Section 39025 of the Health and
Safety Code.
(3) The State Water Resources Control Board.
(4) A California regional water quality control board.
(5) The Department of Toxic Substances Control.
(6) The Department of Resources Recycling and Recovery.
(b) This article shall apply to the State Energy Resources
Conservation and Development Commission and the California Public
Utilities Commission for rules and regulations requiring the
installation of pollution control equipment or new or modified
equipment, or the implementation of other facility or process
changes, or both, including energy efficiency projects, adopted
pursuant to the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code).